5Exceptions from permitted development

5 Exceptions from permitted development

5 Exceptions from permitted development

(1) Subject to this clause the provisions of subclause (1) of clause 4 of this Ordinance shall not apply in the following circumstances, that is to say, where the Governor:

(a) is satisfied that it is expedient having regard to any proposal for the redevelopment of any locality or to any special circumstances affecting that locality, that development of any description specified in subclause (1) of the said clause 4 should not be carried out in that locality unless permission therefor is granted on application made under this Ordinance, or

(b) is satisfied that it is expedient having regard to the provisions which in his opinion are likely to be or ought to be included in the scheme, that any development by a person carrying on a public utility undertaking, being development of Class II and not being development of any other class specified in subclause (1) of the said clause 4, should not be carried out unless permission therefor is granted on application made under this Ordinance, or

(c) is satisfied, on representations made by the interim development authority, that it is expedient having regard to provisions proposed to be included in the scheme, that any development, being development of Class III and not being development of any other class specified in subclause (1) of the said clause 4, should not be carried out unless permission therefor is granted on application made under this Ordinance,

and the Governor directs that the relevant provisions of the said subclause shall not apply to that development.

(2) A direction under paragraph (a) of subclause (1) of this clause may relate to development of any one or more of the classes specified in subclause (1) of the said clause 4, or to development of any particular description comprised in any of those classes:

Provided that no such direction shall have effect in relation to the following development, that is to say:

(a) in the case of development of Class III, the restoration or replacement of plant, the carrying out of operations immediately necessary in consequence of war damage or damage by fire, flood, lightning, storm or accident for avoiding danger to health or preventing the deterioration of any building or otherwise required for temporarily meeting the circumstances created by the damage, and the carrying out of any operations for the rebuilding, restoration or replacement of buildings which have sustained any such damage the cost of which does not exceed such amount as may be specified, in relation to operations of that description, in the direction,